PTAB RULES

PTAB RULES - Currently in Effect

The updated PTAB Rules for Ex Parte appeals became effective on January 23, 2012.

The date of filing of the notice of appeal determines which set of rules applies to an Ex Parte appeal.

If a notice of appeal is filed prior to January 23, 2012, then the 2004 version of the Board Rules last published in the 2011 edition of Title 37 of the Code of Federal Regulations (37 C.F.R. § 41.1 et seq.) applies to the appeal.

As such, ex parte appeal briefs filed in conjunction with a notice of appeal, which had been filed prior to January 23, 2012, should comply with the content and format requirements in the 2004 Board Rules. Ex Parte appeal briefs filed in conjunction with a notice of appeal, which is filed on or after January 23, 2012, should comply with the content and format requirements in the 2012 Board Rules.

For all other matters before the Board, the rules currently in effect are the Board Rules published in the 2011 edition of Title 37 of the Code of Federal Regulations (37 C.F.R. § 41.1 et seq.).